Town of Swansea, MA Plans

Planning Board approval is not required for a division of land provided that every lot within the tract so divided has frontage on one or more of the following:

A public way or a way which the Town Clerk certifies is maintained and used as a public way.

A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law.

A street or way in existence prior to March 1, 1954 and in the opinion of the Planning Board, of sufficient width, suitable grade, adequate construction to provide access to every lot in accordance with MGL c. 41, §§ 81-L and 81-M.

Conveyances changing the size and shape of the lots, provided that every lot so changed or affected by such change, has frontage as required by the Zoning Bylaw.

The division of a tract of land, on which two or more buildings were standing prior to March 1, 1954, into separate lots on each of which one such building standing shall not constitute a subdivision.

Plan Submission. Any person who believes that his plan does not require approval under the Subdivision Control Law, shall submit the following:

An original plan and seven prints.

One completed Form A (see Appendix A[1]) to the Town Clerk and one copy to the Planning Board.

[1]

Editor's Note: Form A is included in Attachment 2 to this chapter.

A $50 filing fee for each lot shown on the plan that is to be created or changed excluding the first lot shall be filed with the Town Clerk.

When appropriate, evidence necessary to show that the plan does not require approval.

Plan Contents.

The plan submitted shall be suitable for recording at the Bristol County Registry of Deeds, and shall include at least the following:

Name and address of the property owner.

Date, scale, locus map and north arrow.

The name, seal and signature of the Registered Processional Land Surveyor who prepared the plan.

Boundaries and dimensions of the entire original tract, if the lots or parcels to be recorded are divided from a larger tract. If it is not practical to show the boundaries of the original tract on the plan, the area and frontage of all remaining land shall be stated on the plan.

The frontage and area in square feet shall be shown for every lot or parcel.

The names, widths and status (public or private) of all ways abutting the property shall be shown.

Proposed lots shall be designated numerically as parcels (Parcel 1, Parcel 2, etc.).

(h)

Names of owners and assessors plan and lot numbers for the property being divided and abutting properties shall appear on the plan.

(i)

Planning Board Signature Block:

SWANSEA PLANNING BOARD APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED"
Date: _________________	______________________
	______________________
	______________________
	______________________
	______________________

(j)

If the plan submitted has been exempted from certain zoning requirements by a decision of the Board of Appeals, the following notation shall appear on the plan:

"Subject to a variance granted on (date) _____________ by the Swansea Board of Appeals and recorded in the Bristol County Registry of Deeds in Book _____, Page______."

If the Planning Board determines that the plan does not require approval in accordance with MGL c. 41, § 81-P, it shall, without a public hearing and without unnecessary delay endorse the plan accordingly. The plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action. Where the determination of the Board that a plan does not require approval is based on qualifying conditions, such as certain parcels are not to be used as separate building lots, or that the determination is made with respect to some but not all lots shown, the Board may include an explanatory or qualifying statement of its reasons as a part of its endorsement.

If the Board determines that the plan does require approval under the Subdivision Control Law, it shall within 21 days of submission of said plan, notify the Town Clerk and inform the applicant. Such notification shall be in writing.

If the board fails to act on a plan submitted under this section within 21 days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required.

§ 310-6 Preliminary plan.

General. A preliminary plan, showing the proposed subdivision in a general way, submitted by the applicant for discussion and approval by the Board, enables the applicant, the Board, the Board of Health, and other Town agencies to discuss and clarify the problems of such subdivision before a definitive plan is prepared. Although not required for residential subdivisions, it is strongly recommended that a preliminary plan be filed in every case.

Application.

Six copies of the preliminary plan to be filed with the Planning Board.

Completed Form B (see appendix)[1] to be filed with the Town Clerk by the applicant.

[1]

Editor's Note: Form B is included in Attachment 2 to this chapter.

Copy of Form B to be filed with the Planning Board.

A $100 filing fee to cover the cost of initial engineering and planning review shall be filed with the Town Clerk.

A copy of the Preliminary Plan shall be filed with the Board of Health by the applicant.

Contents. The preliminary plan shall be drawn at a scale acceptable to the Planning Board and shall clearly show at least the following:

Subdivision name, boundaries, north point, date, scale, legend, locus plan and the title "Preliminary Plan".

Names and addresses of record owners, the applicant and the stamp of a registered professional engineer and/or land surveyor as required by the provision of Chapter 112 of the General Laws.

Names of all abuttors, as determined from the most recent local tax list, including Plat and Lot numbers as shown on the Swansea Assessors plans.

Existing and proposed names, lines of streets, ways easements, and any public areas within the subdivision.

Proposed system of drainage, including existing natural waterways in a general manner.

Boundary lines of all proposed lots, with approximate area and dimensions.

Location, names, present widths and status of adjacent streets.

Topography of the land in a general manner.

As sewer is not available, percolation and water table tests may be required as directed by the Board. Two copies of the test results shall be submitted to the Board.

Any items required for a definitive plan on which the applicant would like Planning Board input in a preliminary manner.

Additional Information

The attention of the applicant is directed to the provisions of Chapter 784 of the Acts of 1972 (MGL c. 131, § 40) Protection of Wetlands (new acts involve all wetlands and other areas subject to flooding), Coastal Wetlands Protection Act (MGL c. 130, § 105) and (Chapter 782 of Acts of 1972) (MGL c. 131, § 40A) - An Act Further Protecting the Inland Wetlands and Flood Plains of the Commonwealth - if any wetlands, flood plains, coastal waters or inland waters are included in the proposed subdivision.

The attention of the applicant is directed to the Federal Emergency Management Agency (FEMA). Any subdivision of 50 lots or five acres, whichever is less, shall include base flood elevation data. When flood plan elevations have not been established for a Flood Zone "A", a registered profession engineer must conduct a study of the area to determine the exact flood plan elevation for each affected lot.

The attention of the applicant is directed to the requirement of the Massachusetts Highway Department that a permit be obtained before any work is performed within the State Highway Layout. Their permit will require a specific geometric design for street connections.

The attention of the applicant is directed to Chapter 150, Earth Removal, of the Town of Swansea Bylaws. All applicable requirements shall apply to subdivisions.

The attention of the applicant is directed to the United States Environmental Protection Agency (EPA) and Massachusetts Department of Environmental Protection (DEP) Storm Water Program. Subdivisions which disturb five acres or more and having storm water discharge must provide a copy of the National Pollutant Discharge Elimination Systems (NYDES) Storm Water Discharge Permit and relevant information used in applying for said permit.[2]

[2]

Editor's Note: See also Ch. 227, Stormwater Management.

Approval. Within 45 days after submission, the Board shall approve, disapprove, or approve with modifications the preliminary plan, noting in the certificate its action and any changes that should be made.

§ 310-7 Definitive plan.

Application. Any person who wishes to record at the Registry of Deeds or file with the Land Court, a plan which requires approval under the Subdivision Control Law shall submit the following: Note: If all the lots shown on the plan front on an existing public way and the applicant is requesting a reduction from the required frontage, only submissions (1) through (5) are required. The plan shall show the information that is required for a Form "A" plan along with the Town Clerk's certification and Title Block as shown on Form J.[1]

The original drawing of the definitive plan in ink on tracing cloth or mylar and seven thereof, dark line on white background to be filed with the Town Clerk.

A check for $1/Linear foot of roadway plus $50 if the definitive plan evolved from a preliminary plan reviewed by the board or $150 if the definitive plan did not evolve from a preliminary plan plus $150 [did not evolve from a preliminary plan plus $150] against the cost of legal advertising plus $50 per lot.

A properly executed application on Form C, and designer's certification on Form D (See Appendix)[2] to be filed with the Town Clerk with a copy to the Planning Board.

[2]

Editor's Note: Forms C and D are included in Attachment 2 to this chapter.

A copy of the definitive plan shall be filed with the Board of Health by the applicant and verification of this submittal shall be filed with the Planning Board.

A list of abutters certified by the assessors office shall be submitted to the planning board.

To ensure that utility design is consistent with company specifications it is suggested that the following utilities are given copies of the subdivision plan:

Local Electric Company

Local Gas Company

Local Cable Television

Local Telephone Company

Swansea Telephone Company

Estimates of the cost of performing the various items of required work to complete the subdivision shall be furnished on a separate sheet and filed with the Planning Board. An inflation factor based on the number of years estimated to complete the development shall be included at a rate of 5% per year.

[Amended 6-6-2022]

A traverse table showing coordinates, bearings, distances and curve data for all points, lines and curves shall be submitted to the Planning Board.

A proposed schedule of construction activities for the development shall be filed with the Planning Board.

Environmental Impact evaluation shall be submitted in a narrative form, accompanied by such plans, calculation and exhibits as may be appropriate. It shall review the impact of the proposed subdivision on traffic, drainage, erosion, surface and ground water quality, air quality noise and lights, vegetation, wildlife and other natural resources; and shall describe the anticipated intensity of use or occupancy. If several alternative methods of subdividing are possible, the evaluation shall compare their anticipated impact on the environment in order to show that the design selected minimizes the adverse and maximizes the beneficial environmental impacts.

[1]

Editor's Note: Forms A and J are included in Attachment 2 to this chapter.

Form and Contents. The Definitive Plan shall be prepared by a Massachusetts Registered Professional Engineer and/or a Massachusetts Registered Land Surveyor as required by law, and shall be clearly and legibly drawn in black India ink on tracing cloth or mylar. The plan shall be at a scale of one inch equals 40 feet or such other scale as the Planning Board may accept to show details clearly and adequately. Sheet sizes shall not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. Each page of the plan shall contain, in the lower right hand corner, a title block and provisions for recording Planning Board actions (see Form J).[3] The definitive plan shall be suitable for recording at the Bristol County Registry of Deeds and shall contain at least the following.

Subdivision name, boundaries, north point, date, scale, locus plan and legend and the title "Definitive Plan".

Names and address of record owner, applicant and engineer.

Names of all abuttors, as determined from the most recent local tax list including assessor plan and lot numbers.

Existing and proposed lines of street, ways, easements, and public or common areas within the subdivision. (The names of proposed streets shall be shown in pencil until they have been approved by the Selectmen.)

Location, names, and present widths of adjacent streets and whether public or private.

Width and location of existing and proposed roadways and sidewalks within and adjacent to the subdivision.

Proposed lots shall be designated numerically as parcels (Parcel 1, Parcel 2, etc.).

Boundary lines, areas, and dimensions of all proposed lots, with all lots designated numerically and in sequence. Lots not conforming to the Zoning Bylaws shall bear the following notation: "Parcel _____ shall not be used as a separate building lot."

Sufficient data to determine readily the location, bearing, or length of every street line, lot line, easement, zoning district, and boundary line and to reproduce same on the ground. The perimeter survey shall have a closure of 1:15,000 or better.

Location of all permanent monuments properly identified as to whether existing or proposed.

(11)

Location of proposed permanent monuments at changes in direction of the proposed street right-of-way lines including points of curvature or where designated by the board.

(12)

Major features of the property and within 100 feet of the property such as existing walls, fences, trails, buildings, wooded area, outcropping, wetlands and natural waterways shall be shown.

(13)

Existing and proposed topography with two-foot contour intervals related to an existing permanent bench mark for any areas to be altered. All elevations shall refer to mean sea level.

(14)

The inscriptions as displayed on form "J" shall be shown on the plan.[4]

[4]

Editor's Note: Form J is included in Attachment 2 to this chapter.

(15)

Zoning District Boundaries including Aquifer Protection Districts and Flood Plain Zones.

(16)

Lot dimensions shall comply with the minimum standards of the Zoning Regulations.[5]

[5]

Editor's Note: See Ch. 265, Zoning.

(17)

Proposed utilities within and adjacent to the subdivision shall be shown.

(18)

Proposed system of storm drainage, including adjacent natural waterways. Size and locations of existing and proposed storm drains, piping, waterways and drainage ponds. All hydraulic design criteria is to be approved by the Board. Profiles and typical sections of existing and proposed waterways within and adjacent to the proposed shall be shown. Elevations of high water marks shall be shown.

(19)

When, in the opinion of the Board, existing soil conditions are unsuitable for the construction of roadways or building thereon, punchings or other means suitable to the Board to determine the depth of [unsuitable to the Board to determine the depth of] unsuitable material shall be taken and the location of hard bottom shall be shown on the profiles.

(20)

Prior to a final approval of the Board, the applicant and the design engineer may be required to attend a site inspection with the Board. In order to facilitate inspection and review of the subdivision, temporary staking and/or marking along the approximate center line of all proposed roads in the subdivision may be required for the site inspection.

[3]

Editor's Note: Form J is included in Attachment 2 to this chapter.

Utility and Street Plan. The definitive plan will show at least the following utilities and street information.

Proposed street right-of-way lines with sufficient data including lengths of curves, tangents, radii, or bearing product to determine their exact location.

A center line with fifty-foot stations.

Existing and proposed topography with two-foot contour intervals related to an existing permanent bench mark for any areas to be altered. All elevations shall refer to Mean Sea Level.

Within the proposed street right-of-way lines and 100 feet beyond said lines, major features, water bodies, stonewalls, residences, outcroppings and buildings shall be shown.

The type, size and location of existing and proposed water supply mains and their appurtenances, hydrants, storm drains and their appurtenances, and easements pertinent thereto.

Where utilities are not located within the or adjacent to the proposed streets, additional details showing the type, location, and size of such existing or proposed utilities and easement locations shall be shown.

Gutter profile at intersections, around cul-de-sacs, and at other locations as required by the Board.

Directly above or below the street plan, a profile of the proposed roadway which shall include at least the following:

The title: "Profile of (proposed street name)."

A horizontal scale of 1"=40' and a vertical scale of 1"=4'

The existing roadway centerline grades in fine, dashed lines.

The proposed roadway centerline grades in heavy, solid line.

Proposed grade elevation shown at the beginning and end of the roadway and at fifty-foot station intervals and twenty-five-foot intervals along the vertical curves.

Propose grade elevation shown at the beginning and end of all vertical curves.

Rates of gradient in percent.

(h)

The location of any intersecting and private roadway.

(i)

The type, location and size of existing and proposed utilities within the street.

A specific cross section referenced to the plan of proposed streets scaled from a typical section of each roadway. The street and utility plan shall identify where each cross section has been taken. Cross sections are required where there are substantial variations in topography or where the right-of-way width varies. The cross section shall show the following:

Title: Specific Cross Section Number _____ of (proposed street)."

A suitable scale that clearly shows all parts and dimensions of each specific cross section.

The location and widths of the street right-of-way, roadway, curbs, sidewalks and shoulders.

The treatment of the proposed roadway and shoulders, gravel base, pavement, depth of loam and specific information as to the thickness of each layer and the material to be used.

The crown of roadway, pitch of sidewalks, grade of slopes, etc.

The design and dimensions of proposed curbing.

The typical location of street lights, utility poles, fire hydrants, etc. within the right-of-way, even if these particular items do not fall within the actual cross section location on the plan.

Construction details for any bridges, guardrails, headwalls, manholes, or other appurtenances necessary for the completion of the required improvements.

(11)

The Roadway shall be designed and constructed in accordance with the standard cross section (see appendix)[6] unless the board waives or modifies this requirement because of the nature of the street and the traffic that it is expected to accommodate.

[6]

Editor's Note: See the cross-sections in Attachment 1 to this chapter.

(12)

Boring, percolation and water table tests as required for leaching catch basins or detention ponds. In addition, information shall be provided on the plan stating the date of testing, the water level elevation, percolation rate, and the name of the Board of Health inspector who witnessed the test.

(13)

If a detention or retention basin, pond or area is proposed for the subdivision on the plan shall include profiles, typical sections, the types of materials to be used in its construction, proposed capacity and proposed depth. In addition, no less than two percolation and water table tests shall be conducted by the applicant in the vicinity of the proposed basin during the established wet season.

Review by other Departments and Boards.

Once the Definitive Plan has been properly submitted to the Planning Board, the plan will submitted to and reviewed by the following:

The Planning Staff for compliance with these Subdivision Rules and Regulations, particularly the design standards for a Definitive Subdivision Plan, and compliance with MGL c. 41, § 81-M.

The Board of Health for its recommendation whether the Plan for health reasons should be approved, approved with modifications, or disapproved in accordance with MGL c. 41, § 81-U.

The Supervisor of Highway Services for design review of proposed streets, utilities, and drainage system.

The Conservation Commission for review as to the effect of the proposed subdivision on wetlands.

The Swansea Water District for design review of the public water supply distribution system.

The Fire Chief and Police Chief for review of fire protection, E911 requirements, street names and public safety.

At the option of the Planning Board any specialized professional for review of issues raised in determining compliance with these rules and regulations and the subdivision control law.

Failure of the Board of Health to report, in writing, within 45 days after the date of submittal shall be deemed approved of the plan by said Board.

Lots. All lots shown on the plan shall comply with the area, frontage and all other requirements of the Zoning Bylaw of the Town of Swansea.[7]

[7]

Editor's Note: See Ch. 265, Zoning.

Open Spaces. Before approval of a plan the Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light or air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its written approval for a period of not more than three years. Within any Open Space Residential Developments (OSRD), as specified in the Zoning Bylaw, any designated open space may be delineated by a line of demarcation, which may include but is not limited to the following methods: split-rail fence, landscaped buffer, or boulders. In addition, bounds shall be placed along said open space within an OSRD in accordance with § 310-24.

[Amended 6-6-2022]

Protection of Natural Features. Due regards shall be shown for all natural features, such as large trees, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness to the subdivision or the Town.

Public Hearing. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held at the petitioners expense by the Board, notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the Board by advertisement in a newspaper of general circulation in the Town of Swansea once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list.

Decision of the Planning Board.

The action of the Planning Board in respect to such plan shall be by vote, copies of which shall be sent by delivery or registered mail to the applicant and filed with the Town Clerk. If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the majority of the Planning Board but not until the statutory twenty-day appeal period has elapsed following the filing of the certification of the action of the Planning Board and of the Town Clerk that no appeal has been filed or that a final decree has been issued by the court. After the definitive plan has been approved and endorsed, the applicant shall furnish the Planning Board with one mylar copy and two prints thereof.

The Planning Board must act on the plan within 90 days (if the submitted Definitive Plan evolved from a Preliminary Plan acted upon by the Planning Board) or 135 days (if the submitted Definitive Plan did not evolve from a Preliminary Plan acted upon by the Planning Board). Except that an extension of the time limit is permitted, if agreed upon by the Planning Board and applicant in writing.

Final approval of a Definitive Plan does not constitute a laying out or acceptance by the Town of streets within the subdivision as public ways.

§ 310-8 Subsequent action on definitive plan.

Performance Guarantee

Before endorsement of its approval of a plan, the Planning Board shall require that the construction of ways and the installation of municipal services be secured by one, or in part by one and in part by another, of the methods described in the following clauses (a), (b), (c) and (d) which method or combination of methods may be selected and from time to time varied by the applicant.

By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

By a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided, that a mortgagee who acquires title to the mortgage premises by foreclosure or otherwise and succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no such lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such a covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed.

By delivery to the Planning Board of an agreement executed after the recording of the first mortgage covering the premises shown on the plan or portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Planning Board and otherwise due to the applicant, to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, and funds remaining undisclosed shall be available for completion.

Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Treasurer, prior to acceptance by the Planning Board and prior to the endorsement of the definitive subdivision plan.

The developer may change the method of securing the required construction for all or part of a subdivision from a covenant to a bond or other security. The developer may request, with the written concurrence of the surety company, if any, reduction in the sum of the bond or other security or an extension of the within which the work specified in a covenant or required to be performed under a bond or other security may be completed, and the Board may, at its option, grant such reduction or extension and notify the Town Clerk, the developer and the surety, if any, of such reduction or extension. At the time of said reduction request, within two years of approval of the Definitive Subdivision Plan, or with any completion extension request, whichever occurs first, the Board shall review and update the construction amount used to determine the security. Any increase shall be accounted for in a revised security amount and submitted to the Board. In no event shall the amount of the Performance Guarantee be reduced below 10% of the total initial construction cost of the subdivision until all improvements have been completed. Board actions with respect to the approval or disapproval of a subdivision plan, acceptance of covenant, release of lots or extension of time shall be by a certificate the Registry of Deeds or filing with the recorder of the Land Court.

[Amended 6-6-2022]

Before the Planning Board will release a surety bond or deposit, or in the case of a covenant, issue a certificate of performance, the applicant shall obtain and submit to the Planning Board written evidence that the required work has been completed to the satisfaction of the Selectmen.

Street/Stormwater Facilities/Open Space Maintenance. The subdivider or his successors in title shall maintain all streets and municipal services and utilities in satisfactory condition, and to provide traffic services including snow and ice control, until the streets are accepted by the Town. For those subdivisions that include a Homeowners Association Trust responsible for stormwater facilities/open space maintenance, this responsibility shall continue even after streets are accepted. In the event that the developer or their successor as developer of the subdivision abandons said subdivision prior to the completion of its common infrastructure as shown on the approved Definitive Plan, the Trust shall be responsible for completing the same. In no event shall the Trust or an individual lot owner make demand upon, or initiate legal action to require the Town to complete the same. Trust documents shall be submitted to and approved by the Board prior to endorsement of a plan.

[Amended 6-6-2022]

Conveyance of Utilities and Easements and Dedication of Streets. Prior to the release of a bond or other security, or to the issuance of a certificate of performance, releasing the developer from the conditions of a covenant or any other instrument intended to secure the performance of required work, the developer shall, without cost to the Town, convey or transfer title or rights as follows:

Conveyance of Travel Easements. Convey to the Town of Swansea the right to use streets and any travel easements in the subdivision for the purposes of public travel, installation of utilities and all other purposes for which streets are or may be used in Swansea. This shall include the right to enter said streets and to sweep, remove snow, maintain, reconstruct, and repair them; including all acts necessarily or customarily incidental thereto; but shall not be construed to relieve the developers and their successors in title to any portion of a street in a subdivision from the responsibility of maintaining said street in good repair until it is accepted by the Town.

Conveyance of Drainage. Convey to the Town of Swansea the right and easement to construct, extend, operate, remove, replace, repair and forever maintain all surface and subsurface drains and their appurtenances, such as inlets, catchbasins, manholes, wingwalls, ditches, and paved sluiceways, in and under streets and easements, and where necessary indicate such easements on the subdivision plans at least five feet from the centerline of drain on one side and 15 feet on the other. This shall not be construed to relieve the developer and his successors in title from the responsibility of maintaining all drains in good repair until the streets and appurtenant drainage easements are accepted by the Town. The maintenance of any grassed swales, detention basins, or similar drainage systems as indicated in the submitted operation and maintenance plan including but not limited to mowing and removal of sediment shall be funded by the developer for a period of 20 years. These funds shall be collected prior to the final surety being released and deposited into an account for use by the Town to perform said maintenance.

[Amended 6-6-2022]

Conveyance of Water System. Convey to the Swansea Water District the right and easement to construct, extend, operate, remove, replace, repair and forever maintain all water mains, valves, pipes, hydrants and other appurtenances in and under streets and easements, indicating where necessary such easements on the definitive subdivision plan as extending at least five feet from the centerline of the water pipe on one side and 15 feet on the other. This shall not be construed to relieve the developer and his successors in title from the responsibility of maintaining all water supply piping and appurtenances in good repair until the streets and appurtenant easements are accepted by the Town.

As-Built Plans

The applicant shall provide at no cost to the Town a layout of each street in the subdivision, as built. The Planning Board may hold a portion of the performance guarantee to cover the cost of work which is necessary to satisfy this requirement. The plan shall be drawn in black india ink upon tracing cloth or mylar and shall show the following:

Street lines and grades.

Lot frontage dimensions.

Bearings of lot lines which intersect with street lines.

Horizontal and vertical location of storm drainage system, water, electrical, telephone, gas cable and all other utilities. This shall include service connections from the main to the street line or to the limit of easements.

Grades of gravity features.

Location of edge of traveled ways.

Location of edge of traveled ways.

(h)

All data necessary to reproduce any and all lines on the ground.

(i)

Subdivision Name and Title Block in bottom left corner.

(j)

Locus plan and house numbers.

There shall be no more than one street on each sheet without the expressed consent of the Board. As-built plans shall be prepared by a land surveyor currently registered in the Commonwealth of Massachusetts, as required by law.

Included with the as-built plans will be a metes and bounds description of the street as it will be presented to the Selectmen for acceptance at a Town Meeting.